Oshawa Matrimonial Home Lawyers

In a separation or divorce, the matrimonial home (i.e. family home) often becomes the subject of dispute between the former spouses. The matrimonial home is special. It is where you live, and where you and your children feel most comfortable. If you own your home, it may be the most financially valuable item you own. When you separate, both you and your former may want to stay in the family home. If you cannot agree about what will happen to it, you can retain lawyers, a mediator, or an arbitrator to help you decide, or you may have to go to court to have a judge decide.

At Borden Family Law in Oshawa, we have been guiding clients through their post-separation realities for 17 years. We provide clear, solid, pragmatic advice about all legal elements that must be sorted out following the end of a relationship or marriage, including division of property, equalization, and the matrimonial home. We have helped thousands of clients.

The Matrimonial Home and Property Division

The matrimonial home is the property where the parties lived at the date of separation. During division of property, following a separation, the matrimonial home receives special consideration.

If you are married, both you and your ex-spouse have an equal right to stay in the home following a separation, unless a judge decides that one of you must move out. Since both you and your ex have a right to stay in your home, neither of you can sell or mortgage it without the other’s permission. This is true even if only one of you owns the home, or if only one name is on the title.

Disputes often arise over the matrimonial home. It may be that, after the separation, neither of you will be able to afford to stay in your home and will have to sell it. Or you may reach an agreement where one former spouse buys out the other at a fair market price for an agreed upon price. At Borden Family Law, we can help you through this process and clearly explain your options.

Oshawa Family Lawyers Advising Clients on the Matrimonial Home, Property Division, and Equalization

If you are planning a separation, or have already begun the process, contact the strategic and forward-thinking family lawyers at Borden Family Law in Oshawa. We will counsel you on your rights following the breakdown of your relationship, outline your options, and ensure that your rights to the matrimonial home are protected. Call us at 905-576-6090 or contact us online for a consultation. Ask us about our flat rates and bundled services.